In late September, our union filed legal action against the Nebraska Department of Correctional Services (NDCS) after it failed to negotiate the terms and conditions of employment regarding the implementation of body scanner technology at the Reception and Treatment Center (RTC) in Lincoln.
In late July, NDCS informed staff that it planned to require our members at RTC to be randomly screened by a body image scanner prior to their shifts. Management stated that those that refused could be disciplined.
Our union demanded to bargain over the implementation of the body scanner. In early September, the State of Nebraska declined to negotiate over the implementation of the body scanner, which led to the filing of our prohibited practices petition at the CIR.
On October 30, the CIR issued a ruling that ordered the state to negotiate with our union over the body scanner policy while the case is pending. In accordance with the CIR’s order, negotiations began in November. In January, our negotiations team was able to reach an agreement with the State of Nebraska on new contract language regarding body scanner usage at all NDCS facilities.
The new language allows NAPE/AFSCME members to submit documentation from a medical provider that states the member should not be subjected to a full body scan. The employee does not need to qualify under the ADA, but rather simply needs to submit documentation from their medical provider explaining the condition. Once approved, if the employee is selected by the randomizer for a full body scan, they will instead receive a patdown.
The new contract language appears in the Corrections Appendix of our State of Nebraska Labor Contract at Article M.2.2 and is available on our website here. Thank you to all of our union members who united in this victory. Not a NAPE/AFSCME member? Join your union today.